apply NIW without attorney?

L

lyjun99

Registered Users (C)
It appears that all the people are talking about filing Niw petition through attorney. is there anyone who successfully made it without lawyer?

The lawyer fee is too much for me, and I also see lots a stories posted here talking about the frustrating experience with lawyer. Thus I am planning to do it without lawyer. The biggest negative factor for my case is that I just received my H1-B, and I don't have very good reason why the US national interest would be adversely affected if I go for labor certificate. My plan is to file the NiW by myself to have a try (I think my chance of success is ~50%, and I dont think the chance will be much different if I hire a lawyer), If it is rejected, I will think about hiring a lawyer and re-apply. Since by that time, my H1-B is closer to expiration, and I can collect more evidences to show the importance of my research, and with the assistance from lawyer, my chance of success by then should be pretty good. How do you guys think about this plan?

Anyhow, here are a couple of questions I have:
1. Does the failure record of a previous petition have any negative effect on a new petition?

2. What are the pros and cons of filing I-140 and I-485 concurrently? If I see my case will most likely to fail, should I void file them concurrently?

Thank you guys in advance. You guys have been always very helpful.
 
lyjun99 said:
1. Does the failure record of a previous petition have any negative effect on a new petition?
Click to expand...

According to a lawyer yes if you file for the same category since the USCIS officer will see that you already failed once. But that doesn't automatically mean you don't have a chance anymore it just makes it a little bit more difficult.
One thing I don't understand is why a lot of people are not willing to pay some money for a lawyer since getting or not getting a GC is a quite important decision point for the own career. And in that case $3000 (for I-140) shouldn't be too much money especially working with H-1B. You are either sure that you can do everything better than a lawyer. In this case you shouldn't have so much doubts. Or you are not sure and in this case you should pay the money, IMO. Your post doesn't sound very logical to me. On one side you write "I dont think the chance will be much different if I hire a lawyer" and than you write "and with the assistance from lawyer, my chance of success by then should be pretty good". You don't sound very confident about your case and it might be a good idea for you to wait a little bit longer to get more evidences and depending on these evidences you should rethink if you want to hire a lawyer or not.
 
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